Bill C-68

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First Reading

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	Disposition or Destruction of Records and Prohibition on Use and Disclosure
Effect of end of access periods	127. (1) Subject to sections 122, 123 and 125, after the end of the applicable period set out in section 118 or 119 no record kept under sections 113 to 115 may be used for any purpose that would identify the young person to whom the record relates as a young person dealt with under this Act or the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985.
Disposal of records	(2) Subject to paragraph 124(7)(c), any record kept under sections 113 to 115, other than a record kept under subsection 114(3), may, in the discretion of the person or body keeping the record, be destroyed or transmitted to the National Archivist of Canada or the archivist for any province, at any time before or after the end of the applicable period set out in section 118.
Disposal of R.C.M.P. records	(3) All records kept under subsection 114(3) shall be destroyed or, if the National Archivist of Canada requires it, transmitted to the National Archivist of Canada, at the end of the applicable period set out in section 118 or 119.
Purging C.P.I.C.	(4) The Commissioner of the Royal Canadian Mounted Police shall remove a record from the automated criminal conviction records retrieval system maintained by the Royal Canadian Mounted Police at the end of the applicable period referred to in section 118; however, information relating to a prohibition order made under an Act of Parliament or the legislature of a province shall be removed only at the end of the period for which the order is in force.
Authority to inspect	(5) The National Archivist of Canada may, at any time, inspect records kept under sections 113 to 115 that are under the control of a government institution as defined in section 2 of the National Archives of Canada Act, and the archivist for a province may at any time inspect any records kept under those sections that the archivist is authorized to inspect under any Act of the legislature of the province.
Definition of ``destroy''	(6) For the purposes of subsections (2) and (3), ``destroy'', in respect of a record, means
	(a) to shred, burn or otherwise physically destroy the record, in the case of a record other than a record in electronic form; and
	(b) to delete, write over or otherwise render the record inaccessible, in the case of a record in electronic form.
No subsequent disclosure	128. No person who is given access to a record or to whom information is disclosed under this Act shall disclose that information to any other person unless the disclosure is authorized under this Act.
	PART 7
	GENERAL PROVISIONS
	Disqualification of Judge
Disqualificati on of judge	129. (1) Subject to subsection (2), a youth justice court judge who, prior to an adjudication in respect of a young person charged with an offence, examines a pre-sentence report made in respect of the young person in connection with that offence or has, after a guilty plea or a finding of guilt, heard submissions as to sentence and then there has been a change of plea, shall not in any capacity conduct or continue the trial of the young person for the offence and shall transfer the case to another judge to be dealt with according to law.


Exception	(2) A youth justice court judge may, in the circumstances referred to in subsection (1), with the consent of the young person and the prosecutor, conduct or continue the trial of the young person if the judge is satisfied that he or she has not been predisposed by a guilty plea or finding of guilt, or by information contained in the pre-sentence report or submissions as to sentence.
	Substitution of Judge
Powers of substitute youth justice court judge	130. (1) A youth justice court judge who acts in the place of another youth justice court judge under subsection 669.2(1) of the Criminal Code shall
	(a) if an adjudication has been made, proceed to sentence the young person or make the order that, in the circumstances, is authorized by law; or
	(b) if no adjudication has been made, recommence the trial as if no evidence had been taken.
Transcript of evidence already given	(2) A youth justice court judge who recommences a trial under paragraph (1)(b) may, if the parties consent, admit into evidence a transcript of any evidence already given in the case.
	Exclusion from Hearing
Exclusion from hearing	131. (1) Subject to subsection (2), a court or justice before whom proceedings are carried out under this Act may exclude any person from all or part of the proceedings if the court or justice considers that the person's presence is unnecessary to the conduct of the proceedings and the court or justice is of the opinion that
	(a) any evidence or information presented to the court or justice would be seriously injurious or seriously prejudicial to
	(i) the young person who is being dealt with in the proceedings,
	(ii) a child or young person who is a witness in the proceedings, or
	(iii) a child or young person who is aggrieved by or the victim of the offence charged in the proceedings; or
	(b) it would be in the interest of public morals, the maintenance of order or the proper administration of justice to exclude any or all members of the public from the court room.
Exception	(2) Subject to section 650 of the Criminal Code and except if it is necessary for the purposes of subsection 34(9) of this Act, a court or justice may not, under subsection (1), exclude from proceedings under this Act
	(a) the prosecutor;
	(b) the young person who is being dealt with in the proceedings, the counsel or a parent of the young person or any adult assisting the young person under subsection 25(7);
	(c) the provincial director or his or her agent; or
	(d) the youth worker to whom the young person's case has been assigned.
Exclusion after adjudication or during review	(3) A youth justice court, after it has found a young person guilty of an offence, or a youth justice court or a review board, during a review, may, in its discretion, exclude from the court or from a hearing of the review board any person other than the following, when it is being presented with information the knowledge of which might, in its opinion, be seriously injurious or seriously prejudicial to the young person:
	(a) the young person or his or her counsel;
	(b) the provincial director or his or her agent;
	(c) the youth worker to whom the young person's case has been assigned; and
	(d) the Attorney General.

Exception	(4) The exception set out in paragraph (3)(a) is subject to subsection 34(9) of this Act and section 650 of the Criminal Code.
	Transfer of Charges
Transfer of charges	132. Despite subsections 478(1) and (3) of the Criminal Code, a young person charged with an offence that is alleged to have been committed in one province may, if the Attorney General of the province consents, appear before a youth justice court of any other province and
	(a) if the young person pleads guilty to that offence and the youth justice court is satisfied that the facts support the charge, the court shall find the young person guilty of the offence alleged in the information; and
	(b) if the young person pleads not guilty to that offence, or pleads guilty but the court is not satisfied that the facts support the charge, the young person shall, if he or she was detained in custody prior to the appearance, be returned to custody and dealt with according to law.
	Forfeiture of Recognizances
Applications for forfeiture of recognizances	133. Applications for the forfeiture of recognizances of young persons shall be made to the youth justice court.
Proceedings in case of default	134. (1) When a recognizance binding a young person has been endorsed with a certificate under subsection 770(1) of the Criminal Code, a youth justice court judge shall,
	(a) on the request of the Attorney General, fix a time and place for the hearing of an application for the forfeiture of the recognizance; and
	(b) after fixing a time and place for the hearing, cause to be sent by confirmed delivery service, not less than ten days before the time so fixed, to each principal and surety named in the recognizance, directed to his or her latest known address, a notice requiring him or her to appear at the time and place fixed by the judge to show cause why the recognizance should not be forfeited.
Order for forfeiture of recognizance	(2) When subsection (1) is complied with, the youth justice court judge may, after giving the parties an opportunity to be heard, in his or her discretion grant or refuse the application and make any order with respect to the forfeiture of the recognizance that he or she considers proper.
Judgment debtors of the Crown	(3) If, under subsection (2), a youth justice court judge orders forfeiture of a recognizance, the principal and his or her sureties become judgment debtors of the Crown, each in the amount that the judge orders him or her to pay.
Order may be filed	(4) An order made under subsection (2) may be filed with the clerk of the superior court or, in the province of Quebec, the prothonotary and, if an order is filed, the clerk or the prothonotary shall issue a writ of fieri facias in Form 34 set out in the Criminal Code and deliver it to the sheriff of each of the territorial divisions in which any of the principal and his or her sureties resides, carries on business or has property.
If a deposit has been made	(5) If a deposit has been made by a person against whom an order for forfeiture of a recognizance has been made, no writ of fieri facias shall issue, but the amount of the deposit shall be transferred by the person who has custody of it to the person who is entitled by law to receive it.
Subsections 770(2) and (4) of Criminal Code do not apply	(6) Subsections 770(2) and (4) of the Criminal Code do not apply in respect of proceedings under this Act.
Sections 772 and 773 of Criminal Code apply	(7) Sections 772 and 773 of the Criminal Code apply in respect of writs of fieri facias issued under this section as if they were issued under section 771 of that Act.
	Offences and Punishment
Inducing a young person, etc.	135. (1) Every person who
	(a) induces or assists a young person to leave unlawfully a place of custody or other place in which the young person has been placed in accordance with a youth sentence or a disposition imposed under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985,
	(b) unlawfully removes a young person from a place referred to in paragraph (a),
	(c) knowingly harbours or conceals a young person who has unlawfully left a place referred to in paragraph (a),
	(d) wilfully induces or assists a young person to breach or disobey a term or condition of a youth sentence or other order of the youth justice court, or a term or condition of a disposition or other order under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or
	(e) wilfully prevents or interferes with the performance by a young person of a term or condition of a youth sentence or other order of the youth justice court, or a term or condition of a disposition or other order under the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985,
	is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years or is guilty of an offence punishable on summary conviction.
Absolute jurisdiction of provincial court judge	(2) The jurisdiction of a provincial court judge to try an adult charged with an indictable offence under this section is absolute and does not depend on the consent of the accused.
Failure to comply with sentence or disposition	136. Every person who is subject to a youth sentence imposed under any of paragraphs 41(2)(c) to (m) or (r) of this Act or a disposition made under any of paragraphs 20(1)(a.1) to (g), (j) or (l) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, and who wilfully fails or refuses to comply with that sentence or disposition is guilty of an offence punishable on summary conviction.
Offences	137. (1) Every person who contravenes subsection 109(1), 110(1), 117(1) or 127(3) or section 128 of this Act, or subsection 38(1), (1.12), (1.14) or (1.15), 45(2) or 46(1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985,
	(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
	(b) is guilty of an offence punishable on summary conviction.
Provincial court judge has absolute jurisdiction on indictment	(2) The jurisdiction of a provincial court judge to try an adult charged with an offence under paragraph (1)(a) is absolute and does not depend on the consent of the accused.
Offence and punishment	138. (1) Every person who wilfully fails to comply with section 30, or with an undertaking entered into under subsection 31(3),
	(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
	(b) is guilty of an offence punishable on summary conviction.
Offence and punishment	(2) Every person who wilfully fails to comply with section 7 of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or with an undertaking entered into under subsection 7.1(2) of that Act is guilty of an offence punishable on summary conviction.
Punishment	(3) Any person who uses or authorizes the use of an application form in contravention of subsection 81(3) is guilty of an offence punishable on summary conviction.